BOARD OF SUPERVISORS

AUGUST 27, 2002

The Lassen County Board of Supervisors convene in Regular Session at 9:00 a.m. Chairman Dahle asks for public comment and no comments are received. County Clerk Nagel announces the Closed Session items and the Board recesses to Closed Session at 9:01 a.m. for: 1) Conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: U. S. District Court #S-00-339 LKK PAN, Esperanza Richardson, Carolyn Richardson, Harold Abbott, and Douglas Thomas vs. County of Lassen, etal; and 2) Public Employee Employment: Fair Manager.

Present in the Closed Session are Supervisors Robert Pyle, Lloyd Keefer, Brian Dahle, and Everd McCain; County Counsel John Ketelsen, County Administrative Officer Andy Whiteman, Deputy County Counsel Craig Settlemire, Personnel Director Lynne Margolies and County Clerk Theresa Nagel. Supervisor Chapman is absent. Closed Session is recessed at 9:28 a.m.

The Lassen County Board of Supervisors reconvenes in Regular Session on Tuesday, August 27, 2002, at 9:32 a.m. Present: Supervisors Robert Pyle, Jim Chapman, Lloyd Keefer, Brian Dahle, and Everd McCain; County Counsel John Ketelsen, County Administrative Officer (CAO) Andy Whiteman and County Clerk Theresa Nagel. Following the flag salute, the invocation is offered by Supervisor McCain.

ANNOUNCEMENT OF ITEMS DISCUSSED IN CLOSED SESSION

The County Clerk announces the Closed Session dealt with a conference with Legal Counsel: Existing litigation pursuant to Subdivision (a) of Government Code Section 54956.9: U. S. District Court #S-00-339 LKK PAN, Esperanza Richardson, Carolyn Richardson, Harold Abbott, and Douglas Thomas vs. County of Lassen, etal - no reportable action taken; and Public Employee Employment: Fair Manager - no reportable action taken.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS

It is moved by Supervisor Keefer, seconded by Supervisor McCain and carried to approve the agenda as posted.

PUBLIC COMMENT

Chairman Dahle asks for public comment and no comments are received.

UNAGENDIZED BOARD REPORTS

1. Supervisor Chapman attended the Indian Elders Council meeting and reports their major concern is the tie-up of the federal funding due to the lack of a state budget ($18,000 per month). He suggests maybe the county can arrange for a short-term loan if the budget impasse continues. He also notes they are still negotiating with the Estate of Glenn Wasson for the purchase of the building they utilize, and they will be looking for Prop 40 funding.

2. Supervisor Chapman attended the Lassen Oral Health Task Force meeting last week. He distributes and discusses an oral health chart developed by the task force to be used for the education of families.

3. Supervisor Keefer announces CDF Director Andrea Tuttle was in town last Thursday and went on a tour of the Goat Fire. She was shown how timber thinning helped with controlling the fire. He met with her and discussed various fire and forest maintenance issues and stressed the vital need for any help in achieving the directives of the National Fire Plan.

4. Supervisor Dahle attended the RCRC meeting and there is not much to report on the budget as nothing is happening. There were priorities set for support of fire plans and biomass plant operations.

LOCAL REUSE AUTHORITY

The Board of Supervisors recess and convene as the Local Reuse Authority.

Program Coordinator Regina Rankin presents a request for a cash match for the Office of Economic Adjustment Grant. She discusses the need for this money and further discussion is held on the status of Sierra Army Depot property negotiations.

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to authorize the submittal of an application for the Office of Economic Adjustment (OEA) Grant for November 1, 2002 through October 31, 2003 and the designation of $20,000 in matching funds, which represents half of the 25% OEA match requirement of the annual LRA operating budget of $143,183, with the understanding that until the budget is adopted the $20,000 is not allocated.

The Local Reuse Authority adjourns and the Board of Supervisors reconvene.

LASSEN COUNTY FAIR

Fair Manager Claud Neely presents a report on 2002 Lassen County Fair, noting the attendance and concessions were down 3-7%. He believes that heat was a major factor in the lower attendance. The attendance on Sunday was down 8,000. He notes it was a very successful fair other than attendance.

Supervisor Chapman asks Mr. Neely to provide information on a letter received from Lassen County Search and Rescue relating to an issue that occurred regarding the problems that Search and Rescue experienced with the shutdown and clearing of the fairgrounds at 11:00 p.m. Neely states that he had no knowledge of a specific time for the fair to be closed down and persons to leave. He has checked with two previous fair managers and they were not aware of a shutdown time. He will attempt to arrange a meeting between himself, Police Chief Jim Wages, Sheriff Bill Freitas and Search and Rescue representative Bob Trussell. In relation to other comments in the letter he notes that Search and Rescue has not received payment because Mr. Trussell has not come by the office to turn in his keys and pick up the payment that has been available since the beginning of July. Mr. Trussell has also been requested to provide a report on an incident that caused injury to a young man due to a fall from one of the carnival rides. Mr. Neely understands that Search and Rescue helped when this accident occurred. In regard to payment for other services (gate monitoring) no bill has been presented for payment.

Board members ask to be kept informed on these matters.

CONSENT CALENDAR

Supervisor McCain requests that Item G-2, construction contract, and G-6, expedited payment resolution, be pulled for separate consideration.

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to take the noted action on the following Consent Calendar items:

COUNTY CLERK ITEM

Approve Minutes of August 20, 2002.

DISTRICT ATTORNEY ITEM

Adopt Resolution No. 02-055, approving continuation of the Lassen County

District Attorney's Spousal Abuser Prosecution Program (S.A.P.P.).

HEALTH AND HUMAN SERVICES - PUBLIC HEALTH ITEM

Approve the Declaration of Intent Not to Apply for Rural Health Services Program funding for FY 2002/2003; and authorize the Director of Health and Human Services to sign the declaration.

OFFICE OF EMERGENCY SERVICES ITEM

Ratify continuation of Declaration of State of Disaster / Emergency in Lassen County.

MISCELLANEOUS CORRESPONDENCE ITEMS

Receive and file the following correspondence:

a. Lassen County Fair Advisory Board meeting agenda for August 20, 2002.

b. Technical Advisory Committee agenda for September 3, 2002.

ADMINISTRATIVE SERVICES

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried, with Supervisor McCain and Supervisor Dahle voting NO, to authorize the CAO to sign the construction contract with K-W Western, low bidder on the Sheriff's Administration Building, following County Counsel review and approval.

PUBLIC WORKS DEPARTMENT - ROAD DIVISION

It is moved by Supervisor Keefer, seconded by Supervisor Chapman and carried to adopt Resolution No. 02-056, requesting use of the Expedited Payment Procedure for the Construction Contract on the Susanville Road Rehabilitation Project.

Recess 10:13 - 10:18 a.m.

CHILDREN AND FAMILIES COMMISSION

Children and Families Commission Executive Director Laura Roberts introduces members of the commission that are present, along with representatives from COMPAC Barbara Tiner and Melody Brawley, and Westwood Family Resource Center Director Tonya Jungwirth.

She then presents a request for Tobacco Settlement Agreement Funds for establishment of county-wide system of family resource centers. She asks the board members to allocate $300,000 per year for the fiscal years 2002-2003, 2003-2004, 2004-2005; and $400,000 per year for 2006-through the life of the tobacco settlement agreement funding. The proposal is to develop a total of four family resource centers in Westwood, Bieber and Herlong, with a core center in Susanville. Maybe a mobile unit could be instituted for serving other outlying areas. It appears that $100,000 per year for each center will be needed.

Westwood Family Resource Center Director Tonya Jungwirth presents information on the development and planned opening (September 2002) of that center.

Discussion is held between board members and Ms. Roberts and Mrs. Tiner.

Supervisor McCain asks why Health and Human Services (H&HS) is not providing the services proposed for these centers, and Ms. Roberts does not have the answer for that question.

Supervisor Dahle feels there needs to be a partnership with H&HS in the provision of needed services.

Supervisor Keefer feels, and Supervisor Pyle agrees, there will be other requests for the tobacco funds and this needs to be deffered to the budget process.

Supervisor McCain feels this is a request for just more social engineering (another welfare program) and he has a hard time looking at the addition of services when other services may need to be cut.

Supervisor Dahle states we need to remember in outlying areas there are so few services that a resource center would really be utilized. He also notes there are services available that people in the outlying areas do not even know about, and the great distances that have to be traveled really limit their ability to access services. He does feel this request needs to go to the budget process.

CAO Whiteman notes there are only two proposals for the use of tobacco funds at this time - this proposal and the funding of retirees health care costs.

Ms. Roberts will put together additional information as requested by the board members prior to the budget hearings.

PUBLIC HEARING - SHERIFF / DISTRICT ATTORNEY

The public hearing is opened at 11:09 a.m. for appropriation of 2002/2003 Citizens Option for Public Safety (C.O.P.S.) funds to the Sheriff's Office and the District Attorney as required in Government Code Section 30061 (c)(1) for front line law enforcement.

Commander Chester Jackson presents the staff report. No one speaks in favor of or in opposition to the proposed appropriation and the hearing is closed at 11:12 a.m.

It is moved by Supervisor Chapman, seconded by Supervisor Pyle and carried to authorize the Sheriff's Department and the District Attorney to receive and appropriate their shares of the 2002/2003 Citizens Option for Public Safety (C.O.P.S.) funds, subject to the State budget.

PUBLIC WORKS DEPARTMENT - ROAD DIVISION

Public Works Director Larry Millar reviews the changes he has made to the Road Budget from last year relating to staffing and equipment acquisition.

Supervisor Chapman suggests placing some of the federal forest reserve funds in a trust fund for use in lobbying for the continued receipt of a good funding level. Auditor Doyle responds that the State Road Fund Auditor has indicated this is not allowable and he also audits the federal funds.

In a response to a question from Supervisor McCain, Public Works Director Larry Millar notes the reserve has reached the amount set by the Board of Supervisors and therefore no funds are budgeted for this year.

It is moved by Supervisor Keefer and seconded by Supervisor Chapman to adopt the 2002/2003 Road Budget, with the stipulation that $10,000 of the $1,590,000 Forest Reserve Funds be moved to a special trust fund for lobbying purposes.

Discussion is held with some members indicating they will not support the motion with the stipulation. County Counsel John Ketelsen states the budget approval could be tendered as the main motion with the segregation for lobbying purposes tendered as an amendment thereto, if the maker and second agree.

The maker and second agree to change the motion to be the adoption of the 2002/2003 Road Budget.

It was then moved by Supervisor Chapman and seconded by Supervisor Keefer that the motion be amended by setting aside $10,000 for lobbying purposes.

The amendment to the motion fails on the following roll call vote: Supervisor Chapman-YES, Supervisor Pyle-NO, Supervisor Keefer-YES, Supervisor McCain-NO and Supervisor Dahle-NO.

The motion to approve the budget carries on the following roll call vote: Supervisor Chapman-YES, Supervisor Pyle-YES, Supervisor Keefer-YES, Supervisor McCain-YES and Supervisor Dahle-YES.

COUNTY ADMINISTRATIVE OFFICE

CAO Whiteman presents information on the service and revenue impacts of the Fitzgerald Annexation, stating service impacts are not a real big issue unless the annexation area is modified and the trailer park is excluded. The trailer park would then create some service issues by being somewhat of an island for the Sheriff's Department to serve. He presents a memo from County Counsel John Ketelsen detailing the annexation steps and notes we are now in the phase of determining how revenues will be shared. The City is proposing a 60% County, 40% City share of property tax revenues. He points out a concern for the County is loss of sales tax revenue from a major source located in the annexation area, but he notes that sales tax cannot be a part of a memorandum of understanding between the County and City in relation to the annexation.

Community Development Director Robert Sorvaag presents information on the City's plan that indicates 10-acre residential development. He states this does not fit urban development land use and would put more pressure on the County to provide urban development. He states this area should be zoned planned unit development.

Supervisor Chapman extensively discusses various issues relating to the LAFCo review of the annexation. He feels the City needs to level with the public and the County on what their long range development plans are.

Supervisor McCain still wants to know what the level of expenses and revenues would be if the property remains in the County and is developed versus being annexed and developed within the City.

INFORMATION FOR THE BOARD

1. CAO Whiteman reports that a contingent of four County representatives and four prison representatives traveled to the State Fair on County's Day to accept the silver award for Lassen County's exhibit.

CORRESPONDENCE

1. A copy of letter from Verizon Wireless to the Consumer Services Division of the California Public Utilities Commission as notification of project to add six panel antennas and relocate whip antennas on Antelope Mountain, Susanville, is received and filed.

2. A letter from Area 2 Developmental Disabilities Board Executive Director Richard C. Robertson requesting the board appoint Mary McNinch as Lassen County's representative, is received.

It is moved by Supervisor Chapman, seconded by Supervisor Keefer and carried to appoint Mary McNinch as Lassen County's representative to the Area 2 Developmental Disabilities Board Executive Board.

MILFORD CEMETERY

It is moved by Supervisor Chapman, seconded by Supervisor Keefer and carried to allocate $5,000 from the Cemetery Improvement Trust Fund for the purpose of either drilling a new well or redrilling the existing well at Milford Cemetery.

There being no further business, the meeting is adjourned at 11:50 a.m.

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CHAIRMAN OF THE BOARD OF SUPERVISORS

ATTEST:

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THERESA NAGEL, CLERK OF THE BOARD